[Federal Register Volume 60, Number 167 (Tuesday, August 29, 1995)]
[Rules and Regulations]
[Pages 44760-44762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21112]
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DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers
33 CFR Part 322
Permits for Structures Located Within Shipping Safety Fairways
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The Corps is changing its rules regarding permits for the
placement of temporary anchors, cables and chains for floating or
semisubmersible drilling rigs within shipping safety fairways. Shipping
safety fairways and anchorages are established on the Outer Continental
Shelf by the U.S. Coast Guard to provide unobstructed approaches for
vessels using U.S. ports. This change arises as a result of requests by
offshore oil companies for exemptions to the provisions of the existing
rule because drilling and production technologies have greatly extended
the range of deepwater drilling and the 120 day time limits placed on
temporary structures allowed within fairway boundaries are no longer
reasonable.
EFFECTIVE DATE: September 28, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Ralph T. Eppard at (202) 761-1783.
SUPPLEMENTARY INFORMATION: Department of the Army permits are required
for the construction of any
[[Page 44761]]
structure in or over any navigable water of the United States pursuant
to Section 10 of the Rivers and Harbors Act of 1899 (30 Stat. 1151; 33
U.S.C. 403). This authority was extended to artificial islands and
fixed structures located on the Outer Continental Shelf (OCS) by
Section 4(f) of the Outer Continental Shelf Lands Act of 1953 (67 Stat.
463; 43 U.S.C. 1333(e)).
Background
Pursuant to the cited authorities, the Corps promulgated
regulations in 33 CFR 209.135 establishing shipping safety fairways in
the Gulf of Mexico to provide obstruction-free routes for vessels in
approaches to United States ports. The Corps provided these
obstruction-free routes by denying permits for structures within
certain designated lanes. In 1978, the Ports and Waterways Safety Act
(PWSA), was amended to delegate authority to the Department of
Transportation and the Commandant, U.S. Coast Guard to establish vessel
routing measures, including fairways and fairway anchorages. In
accordance with the PWSA, the Coast Guard completed the required
studies and published final rules establishing shipping safety fairways
on May 13, 1982. The Corps subsequently revoked its fairway regulations
in Section 209.135(d) but retained paragraph (b), which contains the
conditions under which the nationwide permit for oil exploration and
production structures on the OCS (33 CFR 330.5(a)(8)), was issued. On
November 13, 1986, the Corps fairway regulations were repromulgated in
33 CFR 322.5(l) to consolidate all permit regulations for structures in
the same part.
When the regulations allowing temporary structures within fairways
were promulgated by the Corps in 1981, deepwater drilling occurred in
water depths of 300 to 600 feet. At that time the limitation of 120
days that temporary anchors would be allowed within fairways was
considered reasonable. If the exploratory well was successful, a
conventional fixed production platform would be used and there would be
no further need to maintain the anchors within the fairway. Presently,
according to offshore hydrocarbon exploration and production companies,
technology has extended the range of deepwater drilling to water depths
of 1,000 to 4,000 feet. As a result, drilling times have increased and
production methods have changed. Accordingly, the limitation on the
length of time (120 days), that an anchor is allowed within a fairway
may not be appropriate, particularly in water depths in excess of 600
feet. The industry has available many types of production platforms,
including floating production systems that are anchored in place during
the productive life of the reserves and then moved to a new location.
In water depths greater than 600 feet, the floating production platform
becomes an important production option and in water depths greater than
1,000 feet these units are essential. In many instances, the only
obstacle to using this type of system to drill and produce hydrocarbons
is the location of a fairway. Current regulations require that the
production system be placed at great distance from the fairway in order
to keep the anchors clear of the fairway. The result is that there may
be hydrocarbon bearing lease areas that cannot be effectively
penetrated and produced. It should be noted that the requirement that
the rig must be situated as necessary to insure that the minimum
clearance over an anchor line within a fairway is 125 feet, is not
changed by these amendments. In addition, these amendments are not
intended to allow drilling structures within the fairways.
On July 7, 1994, we published an advance notice of proposed
rulemaking in the Federal Register, soliciting comments on four
separate options concerning this matter. On May 1, 1995, we published a
notice of proposed rulemaking in the Federal Register soliciting public
comment on the option which would remove the 120 day time restrictions
when water depths exceed 600 feet. We received eight letters in support
of the proposed change. We did not receive any objections to the
proposed change. Two of the commenters requested that the words
``production facilities'' be added to clarify the rule. We agree with
the addition of the production facilities as requested. The preamble to
the advanced notice and the proposed rule referred to production
platforms and production systems. As proposed, we are also amending the
rules in 33 CFR 322.5(l) by removing the word ``temporary'', making it
clear by restructuring the sentences that drilling rigs, including
floating or semisubmersible drilling rigs, are not allowed within
fairway boundaries and adding a sentence to subparagraph (i) to
eliminate time restrictions on temporary and permanent anchors,
attendant cable and chains within fairways when water depths exceed 600
feet. Such anchors, attendant cable and chains must be for floating or
semisubmersible exploratory or production drilling rigs only. In areas
where water depths are less than 600 feet, the time limit of 120 days
continues to apply.
Regulatory Analyses and Notices
The Corps has determined in accordance with E.O. 12866 that this
rule is not a major rule. It will not result in an annual effect on the
economy of $100 million or more. There will be no major increase in
costs or prices for consumers; individual industries, Federal, State or
local Governments or geographic regions. It will not have a significant
adverse effect on competition, employment, investment, productivity, or
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic or export markets. Pursuant to the
Regulatory Flexibility Act, Pub. L. 96-354, I certify that this rule
will not have a significant economic effect on a substantial number of
small entities as the rule would remove a restriction allowing access
to areas on the outer continental shelf previously unavailable.
List of Subjects in 33 CFR Part 322
Continental shelf, Electric power, Navigation, Water pollution
control, Waterways.
In consideration of the above, the Corps of Engineers is amending
Part 322 of Title 33, as follows:
PART 322--PERMITS FOR STRUCTURES OR WORK IN OR AFFECTING NAVIGABLE
WATERS OF THE UNITED STATES
1. The authority citation for Part 322 continues to read as
follows:
Authority: 33 U.S.C. 403.
2. Section 322.5 is amended by revising the introductory text of
paragraph (l)(1), redesignating paragraphs (l)(1)(i) through (l)(1)(vi)
as paragraphs (l)(1)(ii) through (l)(1)(vii) respectively, adding a new
paragraph (l)(1)(i), and revising redesignated paragraph (l)(1)(ii) to
read as follows:
Sec. 322.5 Special policies.
* * * * *
(l) Shipping safety fairways and anchorage areas.
* * * * *
(1) The Department of the Army will grant no permits for the
erection of structures in areas designated as fairways, except that
district engineers may permit anchors and attendant cables or chains
for floating or semisubmersible drilling rigs to be placed within a
fairway provided the following conditions are met:
(i) The purpose of such anchors and attendant cables or chains as
used in
[[Page 44762]]
this section is to stabilize floating production facilities or
semisubmersible drilling rigs which are located outside the boundaries
of the fairway.
(ii) In water depths of 600 feet or less, the installation of
anchors and attendant cables or chains within fairways must be
temporary and shall be allowed to remain only 120 days. This period may
be extended by the district engineer provided reasonable cause for such
extension can be shown and the extension is otherwise justified. In
water depths greater than 600 feet, time restrictions on anchors and
attendant cables or chains located within a fairway, whether temporary
or permanent, shall not apply.
* * * * *
Dated: August 15, 1995.
Stanley G. Genega,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 95-21112 Filed 8-28-95; 8:45 am]
BILLING CODE 3710-92-M
